EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Thomas Sheils - Claimant UD842/2013
Against
Rosderra Irish Meats Group T/A Rosderra Roscrea - Respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr. N.Ormond
Ms. N.Dowling
heard this case on 6th April 2017 and 27th June 2017
Representation:
Claimant: Mr. John Madden BL instructed by
Ms. Salome Hennessy, Michael J Breen & Co, Solicitors,
Main Street, Roscrea, Co Tipperary
Respondent: Mr. John Brennan, IBEC, Ross House, Victoria Place, Galway
Summary of evidence:
The claimant claimed unfair dismissal after employment from September 1989 to April 2013. In his written claim to the Tribunal it was stated that on 14 March 2012 he sustained personal injuries in a work accident. This hampered his ability to do his work. In April 2013 he met TD (the respondent’s HR manager) and said that he could not do his work free of injury. The claimant was offered redundancy and a redundancy payment was agreed on 8th April 2013 but he was told on 15th April 2013 when he arrived to collect his redundancy cheque that he would have to sign to release the respondent from any future legal action. The claimant refused to sign the waiver and continued to submit medical certificates. He did not take the redundancy cheque on 15th April 2017. According to the respondent, the claimant asked for a higher payment amount on 15th April 2017.
The respondent’s case was that the claimant had voluntarily ended his own job but the claimant maintained that he had never resigned but had been dismissed. No documentation was signed by the claimant initiating a resignation.
The respondent alleged that the claimant had left his job to do other work. The payment was named as a redundancy payment for cosmetic purposes.
A statement of social welfare payments made to the claimant was submitted to the Tribunal.
Determination:
Having carefully considered the evidence adduced at the hearing the Tribunal finds that the claimant was unfairly dismissed by the respondent.
There was an offer of a severance package by the respondent which the claimant rejected, as he was entitled to do. The claimant was absent from work on sick leave at the time of this offer and he continued to send in medical certificates for some time thereafter.
The Tribunal is satisfied that the claimant never resigned his position with the respondent and that his employment was terminated by the respondent on 8th April 2013.
Having considered the documentation from the Department of Social Protection provided by the claimant it is clear that the claimant has been unavailable for work due to illness/injury since his dismissal and therefore cannot claim financial loss by way of loss of earnings. However the Tribunal has discretion, under Section 7 of the 1977 Unfair Dismissals Act as amended by Section 6 of the 1993 Amendment Act, to award up to 4 weeks remuneration to a claimant in such circumstances.
Accordingly the Tribunal awards the claimant €2,144.00 under the Unfair Dismissals Acts, 1977 to 2015.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)